Family immigration · Petition for Alien Relative
I‑130 Petition for Alien Relative: Evidence and Filing
Bring a spouse, parent, child or sibling to the United States, starting with a correctly filed I-130. We prepare the petition and the relationship evidence, list the current USCIS fee for online and paper filing, and tell you exactly what happens after approval. Washington, DC office; clients nationwide; consultations in English, Spanish, French and Arabic.
Who can file an I-130, and for whom
Form I-130 asks USCIS to recognize a qualifying family relationship between a U.S. citizen or permanent resident (the petitioner) and a relative (the beneficiary). It does not give the relative any status by itself. It is the first step: once approved, the relative either applies for an immigrant visa abroad or adjusts status in the United States when a visa is available.
U.S. citizens
- Spouse
- Unmarried child under 21, and unmarried son or daughter 21 or older
- Married son or daughter of any age
- Parent, if the citizen is at least 21
- Brother or sister, if the citizen is at least 21
Green card holders
- Spouse
- Unmarried child under 21
- Unmarried son or daughter 21 or older
A permanent resident cannot petition for a parent, a sibling, or a married son or daughter. Step-relationships and adoptive relationships qualify only if specific age and timing rules were met, which we check against the documents.
Immediate relatives vs. family preference categories
Which category the beneficiary falls in decides how long they wait for a visa, not how long USCIS takes to approve the petition.
| Category | Who | Annual limit |
|---|---|---|
| Immediate relative (IR) | Spouse, unmarried child under 21, or parent of a U.S. citizen | None: a visa is available once the petition is approved |
| F1 | Unmarried sons and daughters (21+) of U.S. citizens | Yes, wait for priority date |
| F2A | Spouses and unmarried children under 21 of permanent residents | Yes, wait for priority date |
| F2B | Unmarried sons and daughters (21+) of permanent residents | Yes, wait for priority date |
| F3 | Married sons and daughters of U.S. citizens | Yes, wait for priority date |
| F4 | Brothers and sisters of adult U.S. citizens | Yes, wait for priority date |
In the preference categories, the beneficiary's spouse and minor children can usually immigrate as derivatives on the same petition. Immediate relatives have no derivatives, so each one needs a separate I-130. The beneficiary's place in line is the priority date, the day USCIS receives the petition. The State Department's monthly Visa Bulletin shows which priority dates can move forward.
What our I-130 service covers
Our I-130 service covers:
- A review of the petitioner's status and the relationship documents, including prior marriages and name changes
- Preparation of Form I-130 and, for a spouse, Form I-130A
- A tailored evidence list and an indexed exhibit packet
- Filing online or on paper, whichever fits the case
- Tracking the receipt notice and case status, and explaining the next stage
The engagement letter states whether Request for Evidence responses, translations and the follow-on NVC or adjustment stage are included. Many clients pair this with our consular processing or marriage green card packages.
USCIS fee: online vs. paper
| Filing method | USCIS fee |
|---|---|
| Online (USCIS account) | $625 |
| Paper (mailed) | $675 (paper) / $625 (online) |
| Form I-130A (spouse supplement) | No separate fee |
Government fees as of Oct. 24, 2026, from USCIS Form G-1055, edition 10/16/26. Confirm before filing.
Government fees change; confirm on the USCIS fee schedule before filing. Fees are set by regulation in 8 CFR 106.2.
Online filing costs less and gives instant receipt. Paper is required when the I-130 is bundled with an I-485 in a single concurrent filing for a spouse already in the United States. Each beneficiary needs a separate petition and fee.
Evidence checklist by relationship
Every petition needs proof of the petitioner's status (a U.S. passport, birth certificate, naturalization certificate or green card) and proof of the relationship. What proves the relationship depends on who you are petitioning for.
| Petitioning for | Key documents |
|---|---|
| Spouse | Marriage certificate; proof every prior marriage ended; evidence of a shared life; passport photos; Form I-130A |
| Child | Child's birth certificate naming the petitioner; for a father, proof of marriage to the mother or legitimation or a bona fide relationship |
| Parent | Petitioner's birth certificate naming the parent; for a father, the parents' marriage certificate where relevant |
| Sibling | Birth certificates of both siblings showing at least one common parent; marriage or divorce records if names changed |
| Stepchild or step-parent | Marriage certificate creating the step-relationship before the child turned 18 |
| Adopted child | Adoption decree and proof of two years of legal and physical custody, with the adoption completed before age 16 |
Foreign documents need certified English translations. Where a civil record is unavailable in a country, the State Department's reciprocity schedule says which secondary evidence is accepted.
After approval: NVC or adjustment of status
Approval proves the relationship. It does not issue a green card or give permission to live or work in the United States. The next stage depends on where the beneficiary is:
- Abroad: USCIS sends the approved petition to the National Visa Center, which collects fees, the DS-260 and civil documents before an embassy interview. See consular processing.
- In the United States and eligible to adjust: the beneficiary files Form I-485 once a visa is available. For a citizen's spouse, this is often done at the same time as the I-130. See the marriage green card package.
- In the United States with unlawful presence: the beneficiary may need to interview abroad, sometimes after a provisional I-601A waiver.
Processing times and the Visa Bulletin
There are two clocks. The first is USCIS processing of the I-130, posted by form and service center on the USCIS processing times page. The second applies only to preference categories: the wait for a visa number, tracked in the Visa Bulletin. An approved F4 petition can wait many years before a visa is available, while an immediate relative can move straight to the next stage. We do not quote numbers because both change monthly; we send you the live links for your category.
Common reasons for RFEs and denials
- No proof that a prior marriage ended, or a divorce that is not final
- A birth certificate that does not name the petitioner, or was registered late without secondary evidence
- Weak evidence of a genuine marriage, or a finding of a prior fraudulent marriage, which permanently bars approval of later petitions under INA 204(c)
- Missing proof of the petitioner's citizenship or permanent residence
- Wrong fee, missing signature, or an outdated form edition, which cause rejection rather than denial
- Step-relationships created after the child turned 18
A denial can usually be challenged by appeal or answered by refiling with better evidence. Which is smarter depends on the reason given.
If USCIS is slow or denies the petition
When an I-130 sits far beyond posted times and inquiries go nowhere, a federal mandamus lawsuit asking a court to compel a decision may be possible. DC Federal Litigation PLLC handles these cases; read about I-130 petition delays and how long is too long. If a prior file is relevant, request your A-File through FOIA.
Who handles your case
Immigration filings are prepared and signed by a licensed U.S. immigration attorney who works with DC Federal Litigation PLLC. Consultations are available in English, Spanish, French and Arabic. If an agency delays or denies your case and federal court is the right next step, DC Federal Litigation PLLC handles the litigation.
If an unreasonable delay calls for federal court, DC Federal Litigation PLLC handles that litigation from Washington, DC. Consultations are available in English, Spanish, French and Arabic.
Frequently asked questions
How long does an I-130 take?
USCIS processing varies by category and service center, and USCIS posts current figures on its processing times page. For preference categories (F1, F2A, F2B, F3 and F4), approval is only half the wait: the beneficiary must also wait for the priority date to become current in the Visa Bulletin. We send you both live links for your category instead of quoting a number that changes monthly.
Can a U.S. citizen petition for a spouse, child, parent or sibling?
Yes. A citizen can petition for a spouse, children and sons or daughters of any age or marital status, and, once the citizen is 21 or older, parents and brothers or sisters. Spouses, unmarried children under 21 and parents are immediate relatives with no annual limit. Adult sons and daughters and siblings are in preference categories with a wait for a visa number.
Can a permanent resident petition for a married son or daughter?
No. A green card holder can petition only for a spouse and unmarried children, either under 21 (F2A) or 21 and older (F2B). If an unmarried son or daughter marries before immigrating, an F2B petition from a permanent resident is automatically revoked. Once the parent naturalizes, they can petition for married sons and daughters in the F3 category.
Can I file one I-130 for my whole family?
Not for immediate relatives: each spouse, child or parent needs a separate petition and fee. In preference categories, the principal beneficiary's spouse and unmarried children under 21 can usually immigrate as derivatives on the same petition. For example, one F4 petition for your sister can cover her husband and minor children.
Can the beneficiary work after the I-130 is filed?
No. A pending or approved I-130 does not authorize work. A beneficiary in the U.S. becomes eligible for a work permit only after filing an I-485 adjustment application, or through some separate status. A beneficiary abroad can work in the U.S. after entering on the immigrant visa.
Can my relative stay in the U.S. while the I-130 is pending?
A pending I-130 gives no lawful status and does not stop removal on its own. A relative here on a visa must follow its terms. For a U.S. citizen's spouse or parent who entered lawfully, filing an I-485 alongside the I-130 typically lets them remain while the case is decided. Others should get advice before their status expires.
Does divorce cancel an approved I-130?
For a spousal petition, yes. A divorce or annulment before the beneficiary becomes a permanent resident automatically revokes the petition. If the petitioner dies, the petition is generally revoked too, though humanitarian reinstatement or INA 204(l) relief may be available to some relatives. Withdrawal by the petitioner also ends the petition.
Can an I-130 be expedited?
USCIS considers expedite requests case by case under its published criteria, which include severe financial loss, urgent humanitarian reasons and clear USCIS error. Requests need documentary proof and are often refused. If the case has been delayed unreasonably, a federal mandamus action is a separate, stronger tool, and DC Federal Litigation PLLC can assess whether it fits.
Should I file online or by mail, and what is the fee?
Online filing costs less ($625) than paper ($675 (paper) / $625 (online)), produces an immediate receipt and lets you upload evidence. File on paper when the I-130 is bundled with an I-485 for a spouse already in the U.S. Confirm the fee on the USCIS fee schedule before filing.
Start your I-130
Tell us who you are petitioning for and send your status documents. We confirm the category, list the evidence you need, and send a written engagement letter before we file.